If you are considering hiring an attorney on retainer, you need to know exactly how retainer agreements work and how your lawyer’s fees will be paid.
Paying a lawyer
Here are multiple different ways that an individual or business can pay for the services of a lawyer.
The payment structure will depend largely on whether you are hiring a lawyer for a one-off service or word with them on an ongoing basis.
For major firms, a lawyer may be hired on a full time-basis solely to work on their behalf but for the majority of businesses, having a lawyer on retainer is the most cost-effective way forward.
Attorney fees will be determined using a number of different factors including the time taken and the nature of the service that needs to be done.
Some of the main factors which contribute to deciding an attorney’s fee include:
– The standard billing rates in the area for the legal services you required
– The complexity of the case
– The number of hours required
– The result expected and the result achieved
– Whether or not the lawyer is on retainer
There are not only a number of factors which go into determining the exact amount a lawyer will charge but also a number of different ways that these fees can be paid.
The most common methods of paying an attorney include:
– Contingency fees – this involves your lawyer taking a percentage of what you receive should a case be found in your favour. This percentage is negotiable, and this payment arrangement is only possible in dispute cases.
– Hourly rates – You pay your lawyer a flat rate for every hour they work on your behalf. Be wary of hiring a lawyer based solely on a low hourly rate as they may do the same work in double the time of a more experienced lawyer. Get an estimate of the hours expected before entering into an agreement.
– Flat fees – For simple one off tasks such as examining a contract or a bankruptcy filing, attorneys may offer a flat fee for the completion of the task.
– ‘On Retainer’ – If an attorney is ‘on retainer’ they are paid a certain fee on an ongoing basis in return for being available at a moment’s notice if required by the client needs them. They will then be paid additional fees for the services they carry out.
Types of Retainers
A retainer is a fee paid to an attorney in advance for legal aid that they will provide in the future.
There are several different types of retainers that an attorney may discuss with you.
General Retainers
General retainers are paid to attorneys in return for their availability over a specific period of time. Any questions or concerns you have regarding legal matters during this period, your lawyer will be on hand to assist.
Special Retainers
Special retainers refer to a flat fee that is paid for the completion of a legal service or project.
Retaining fee
Paid in advance, a retaining fee is a lump-sum given to an attorney that they will put into a trust fund and draw from as the case progresses.
Any money left over at the end will be returned.
Retainer Agreements
No matter which type of retainer is paid to a lawyer, a retainer agreement will be signed detailing what was paid and what services will be provided in return.
A retainer agreement will ensure that both lawyer and client have an understanding of the fees involved in arrangement and the period over which they will be paid.
It will also detail every aspect of the working relationship in depth including:
– The type of payment that will be made, how much the compensation will be, and details of how the fee has been calculated
– The work that the attorney will do
– Any additional costs that will occur throughout the process, including ones which are dependent on certain outcomes.
– The schedule of payment
What happens upon failure of payment?
Should you fail to pay your lawyer according to the fee schedule detailed in the retainer agreement the lawyer will likely charge you significant interest or take out a lien on the documents that you have provided them with.
Basically, your property that you provided your attorney in order to help them build your case will be kept until such time as the money you owe has been paid.
The consequences of a missed payment will vary from lawyer to lawyer but the retainer agreement should specify this in more detail so there is no confusion.